Thales seeks acquittal after delays and death of witnesses in Zuma case

French arms company Thales has cited lengthy delays that have resulted in an “irremediable infringement of its constitutional rights to a fair trial” in an application to have charges against it dropped and for the company to be acquitted.

Thales’ application was launched in the Pietermaritzburg High Court on Wednesday.

It is seeking an order to stop the National Prosecuting Authority (NPA) from persisting with the corruption and racketeering case against it.

Death of witnesses

In court papers, Thales attorney Cameron Dunstan-Smith said the company pleaded not guilty to all the charges against it in May 2021 and that the case was postponed 16 times due to “no fault of its own”.

He added that since Thales was indicted in 2018, two key witnesses who are fundamental to its defence passed away, reported News24.

NPA to respond

NPA spokesperson Mthunzi Mhaga said they would respond to Thales’ application.

“The National Prosecuting Authority confirms being served with an application by second accused Thales in the corruption case of former president Jacob Zuma.

“The NPA will vigorously argue in opposition of the application as we believe it has no merit and stands to be dismissed,” Mhaga said.

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It is the state’s case that Zuma was kept on a corrupt retainer by his former financial advisor, Schabir Shaik, who then used his political clout to further his own business interests.

The NPA also claimed Shaik facilitated a R500 000 a year bribe for Zuma from French arms company Thales in exchange for his “political protection” from a potentially damaging arms deal inquiry.

Thales charged

While Thales was initially charged alongside Shaik in 2004, the state withdrew those charges following an agreement that the arms company would cooperate with the NPA.

Dunstan-Smith said Thales’ previous director, Pierre Moynot, agreed with the NPA that company boss Alain Thetard would “produce evidence, on affidavit, that the state presumably intended to use in future prosecution.

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Charges dropped

However, the state was clearly not satisfied with that evidence and, after securing Shaik’s conviction, charged Thales alongside Zuma in 2005.

Following four years of intense Zuma-driven legal challenges, that case was unlawfully withdrawn against Thales and the soon-to-be president in 2009 because of the so-called “spy tapes” recordings.

After almost a decade of litigation, the NPA was forced to concede that its decision was unlawful and reinstated the case against Zuma and Thales in 2018.

Thales later sought a permanent stay of prosecution based on the delay in pursuing the case.

However, the application was dismissed by a full bench, which found that, although the prosecution was delayed, no evidence demonstrated that the company had suffered any real prejudice as a result.

Arms deal case

Thales’s application was launched hours before former president Jacob Zuma’s expected bid to appeal the dismissal of his latest attempt to force the removal of prosecutor Billy Downer at the Pietermaritzburg High Court.

In September last year, Judge Nkosinathi Chili provided reasons for denying Zuma’s request to remove Downer from the arms deal corruption case.

Chili said he was satisfied that there was merit in the submission that the grounds advanced by Zuma to remove Downer were officially dealt with in previous litigation.

“In his own words, Mr Zuma stated in his founding affidavit that he is aware that some of his atmospheric issues had already been dealt with in previous litigation, albeit in pursuit of different causes of action.”

Downer stays

Chili effectively said Downer would remain a prosecutor in the former president’s arms deal corruption trial.

“Having considered all the grounds relied upon by Mr Zuma, both individually and cumulatively, I am unable to conclude that Mr Zuma’s right to a fair trial will be violated. Those are the reasons for the order I granted on 20 March 2024.”

Responding to Zuma’s attempt to challenge Chili’s decision not to remove Downer, the state argued that Zuma’s latest application or any other appeal he makes “will not suspend the operation and implementation of this court’s dismissal of his application for the removal of Mr Downer as the public prosecutor in these proceedings”.

“The criminal trial can and should proceed in April 2025 with Mr Downer as the lead prosecutor,” the NPA said.

Zuma is accused of 18 charges of corruption, racketeering, fraud and tax evasion.

The arms deal case was declared trial-ready three years ago but has been delayed by his repeated failed efforts to force the removal of Downer.

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